National Security (Fish) Regulations (Cth)

STATUTORY RULES.

1944. No. 189.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.

Dated this twenty first day of December, 1944.

W. DUGAN

Administrator.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

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National Security (Fish) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Fish) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for War Organization of Industry.

Objects.

3. The objects of these Regulations are to secure, during the present war, for the purposes of the defence of the Commonwealth and the efficient prosecution of the war, that adequate provision of fish is made and maintained, and to that end to set up an authority to control fishing and the marketing and distribution of fish, and these Regulations shall be administered accordingly.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“authorized officer” means any person authorized in writing by the Minister to act on his behalf for the purposes of these Regulations;

“essential consumer” means a person to whom an essential consumer’s certificate has been issued which has not lapsed or expired or been revoked;

“essential consumer’s certificate” means an essential consumer’s certificate issued in pursuance of these Regulations which has not lapsed or expired or been revoked;

“fish” means all marine, estuarine and freshwater animal life, and includes cetacea, crustacea, scallops and oysters and, where the context permits, includes dead fish.

 

* Notified in the Commonwealth Gazette on  , 1944.

7374.—Price 3d. 10/11.12.1944.

 

Control of fishing.

5.—(1.) The Minister may, by order, provide for regulating, increasing, restricting or prohibiting the taking, sale, purchase, disposal, distribution, transport, use, waste, destruction or storage of fish.

(2.) An order under this regulation may—

(a) be made to apply to any person or persons specified in the order, to the persons included in any class of persons, or to persons generally;

(b) be made to apply to any specified area or to any specified fish market;

(c) make different provisions with respect to different kinds of fish;

(d) exempt any person, or the persons included in any class of persons, from the operation of all or any of the provisions of the order;

(e) prohibit the doing of anything regulated by the order except under the authority of a licence, consent or other authority granted by the authority or person specified in the order or authorized in pursuance of the order to grant such a licence, permit or other authority; and

(f) contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the order.

Priorities as between essential consumers.

6. The Minister may, by order, fix priorities, designated by numbers, as between any essential consumers or classes of essential consumers, in relation to the purchase of fish, so that an essential consumer in respect of whom, or an essential consumer included in a class of essential consumers in respect of which, a lower number is designated shall, for the purposes of these Regulations, have a priority over an essential consumer in respect of whom, or an essential consumer, included in a class of essential consumers in respect of which, a higher number is designated.

Issue of essential consumer’s certificate.

7.—(1.) The Minister may issue to any person an essential consumer’s certificate.

(2.) An essential consumer’s certificate shall be in such form as the Minister determines, may be issued subject to such terms and conditions as the Minister specifies in the certificate, and may have endorsed thereon the number representing the priority to which the consumer is entitled under any order issued by the Minister in pursuance of the last preceding regulation.

(3.) An essential consumer’s certificate may be issued for a specified period of time, and may authorize the holder of the certificate—

(a) to purchase fish in a specified area or at a specified fish market;

(b) to purchase fish through the agency of a specified person; or

(c) to purchase specified kinds or quantities of fish.

(4.) The Minister may, by notice in writing to any essential consumer suspend or revoke the essential consumer’s certificate or vary or add to the terms and conditions thereof.

 

(5.) Notwithstanding anything contained in these Regulations, where a person acts in good faith, and without knowledge of the revocation, in reliance of an essential consumer’s certificate which has been revoked, the rights and liabilities of that person under these Regulations shall be the same as if the certificate had not been revoked.

(6.) A person to whom an essential consumer’s certificate has been issued shall, on demand by the Minister by notice in writing, deliver up the certificate to the Minister.

Restriction of sale of fish.

8.—(1.) The Minister may, in respect of any State, Territory or part of the Commonwealth, or in respect of any fish market in any State, Territory or part of the Commonwealth, by notice published in the Gazette, fix a date on and after which the provisions of this regulation shall apply, as the case may be—

(a) in respect of all sales of fish at wholesale in that State, Territory or part of the Commonwealth; or

(b) in respect of all sales of fish in that fish market.

(2.) After the date fixed by notice under the last preceding sub-regulation, a person shall not, in any State, Territory or part of the Commonwealth or in any fish market to which the notice relates—

(a) purchase, at wholesale, or in the fish market (as the case may be), any fish unless he produces to the seller at the time of purchase an essential consumer’s certificate relating to the person purchasing and the purchase is in accordance with the terms and conditions of that essential consumer’s certificate;

(b) sell, at wholesale, or in the fish market (as the case may be), any fish to any person unless that person produces at the time of purchase an essential consumer’s certificate and the purchase is in accordance with the terms and conditions of that essential consumer’s certificate;

(c) sell, at wholesale, or in the fish market (as the case may be), any fish to an essential consumer unless he has satisfied all orders given to him by essential consumers having a higher priority than that of the essential consumer.

Control of fish markets.

9.—(1.) The Minister may, by order, make such provision as he thinks necessary with respect to the control of any fish market specified in the order.

(2.) Any such order may provide that—

(a) the fish market shall be carried on in accordance with directions given by the Minister; and

(b) a person shall not sell fish in that fish market except under the authority of the Minister and in accordance with his directions.

(3.) A person shall comply with all directions under any such order which are applicable to him.

 

Power to enter and search.

10.—(1.) With, a view to securing compliance with these Regulations or with any order made thereunder, an authorized officer may—

(a) enter and inspect any premises or vessel used in connexion with the taking, sale, purchase, disposal, distribution, transport, use, destruction or storage of fish;

(b) make copies of, or take extracts from, any books, accounts or documents relating to fish; and

(c) by order, require any person engaged in the taking, sale, purchase, disposal, distribution, transport, use, destruction or storage of fish, at any time or from time to time, and in such manner as is specified in the order, to furnish such estimates or returns or information relating to fish as are specified in the order.

(2.) If an authorized officer has reasonable grounds for suspecting that there is to be found in or on the vehicle or container evidence of the commission of an offence against the Act by reason of any contravention of, or failure to comply with any provision of, these Regulations or of any order made thereunder, he may—

(a) require any person driving, or in control of, any vehicle engaged in the carrying of fish to stop the vehicle; and

(b) search the vehicle or any container thereon.

Certain orders to be gazetted.

11.—(1.) Any order under these Regulations applicable to the persons included in any class of persons or to persons generally shall be published in the Gazette.

(2.) Any order under these Regulations applicable to a particular person or persons shall be deemed to have been sufficiently brought to the notice of that person or any of those persons if the order or a copy has been served on him personally, or by post at his last known place of abode or at any of his places of business.

Service of notices.

12. Any notice which is required or permitted by these Regulations or any order under these Regulations to be given to any person may be given by posting the notice to the person to whom it is addressed at his last known place of abode, or at any of his places of business.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra,